As a healthcare professional, when you receive a letter from the New York State Department of Health’s Office of Professional Medical Conduct (OPMC) or Office of Professional Discipline (OPD), fear is a natural reaction. In an attempt to calm your nerves down, you may confide in colleagues and other trusted individuals who are familiar with the OPMC or have undergone an investigation with them once before. However, this chatter might make you more overwhelmed. At the end of the day, you must carefully dissect between the misinformation and exaggerations from the facts of the matter. With that being said, please continue reading to learn the most common misconceptions surrounding OPMC investigations and how one of the experienced New York City OPMC/OPD misconduct defense lawyers at Walker Medical Law can help you fully understand the penalties you are potentially faced with.
What are the most common misconceptions of OPMC investigations?
It may be easy for you to jump to conclusions when notified of an OPMC investigation being conducted against you. However, to keep your composure throughout this critical process, it is in your best interest not to fall into the trap of these common misconceptions:
- An OPMC investigation automatically means you are guilty.
- Rather, an investigation begins because a medical misconduct complaint was received, not because guilt has been determined.
- An OPMC investigation automatically suspends my medical license.
- Rather, a presumption of evidence exists, and you may maintain your right to practice, so long as you do not pose an imminent danger.
- An OPMC investigation against me has been made a public record.
- Rather, an investigation remains confidential unless you have been determined guilty and formal disciplinary action has been taken.
- My medical misconduct case will be dismissed if I fully cooperate with an OPMC investigation.
- Rather, cooperation is the standard you are expected to meet, and failure to meet it may be considered a separate form of misconduct.
- One of my former patients filed a misconduct complaint to trigger an OPMC investigation.
- Rather, a complaint may have come from a fellow healthcare provider, a hospital or healthcare facility, or even an insurance company.
What are common misconceptions of OPMC penalties?
Understandably, your brain may enter a dark space when you receive notice of your pending OPMC investigation, and you may brace yourself for the worst outcome. But you must not let yourself believe in the following misconceptions about OPMC penalties:
- All medical misconduct cases end in a license suspension.
- Rather, there is no action if you are not guilty, or you may only face minor administrative penalties.
- My medical misconduct case and its penalties cannot be appealed.
- Rather, you may file an appeal with the Appellate Division of the New York Supreme Court.
- The penalties from your medical misconduct case will permanently follow you.
- Rather, certain disciplinary actions may be expunged or sealed after a specified period.
No matter what specific misconduct matter you are currently dealing with, one of the skilled New York City OPMC/OPD misconduct defense lawyers at Walker Medical Law is willing and able to step in and facilitate the process. Retain our legal services today.
